Patna High CourtCR. MISC./30265/2021bail rejected

Papal @ Popal Yadav v. The State Of Bihar

2021-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30265 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== PAPAL @ POPAL YADAV S/o Late Parmeshwari Yadav R/o village- Parokia Tola, Hathiondha, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Bihariganj Police Station Case No. 137 of 2020 registered for the offences punishable under sections 302/307/120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, eight accused persons including the petitioner made indiscriminate firing causing death of the informant's husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of resorting to firing against all the accused persons and no specific overt has been alleged against the petitioner. All the eight accused persons have been alleged to have made firing though only two fire arms

Patna High Court CR. MISC. No.30265 of 2021(5) dt.15-11-2021 2/2 injuries have been found on the body of the deceased. Petitioner is in custody since 14.8.2020. Charges have also been framed. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the assailant of the deceased and the doctor has opined that the deceased died of fire arms injury.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

Let the trial be expedited.

(Prabhat Kumar Singh, J) shashi/- U T